Domestic Violence Deferral 769.4a - What Is It, Really?

By
Prain Law, PLLC
|August 05, 2014

As a
Michigan Criminal Defense Attorney, I answer questions daily about
howthe Michigan Domestic Violence Deferral MCL 769.4aworks, and for whomit works. Domestic Violenceis a very common crime charged throughout the courts of Michigan; Wayne, Washtenaw, Macomb, Oakland and many others, who routinely handle domestic violence cases,
and who frequently see the Domestic Violence Deferral used. What is Domestic
Violence? An assault or battery committed against someone you are related
to, someone you live with, someone you have a child with, someone you
are dating, or someone with whom you have had a previous relationship.
The Michigan Domestic Violence Deferral MCL 769.4a (or "pleading
under the statute") allows a person who has no criminal history of
assaultive behavior but is charged with Domestic Violence or Aggravated Domestic Violencea chance to keep their record clean and is meant to be rehabilitative.
In order to get a 769 protection, you, (the judge will generally take
prosecutions recommendation) and the prosecutor (in consultation with
the victim) must all agree.

Here are some commonly asked questions and answers:

Q: DO I HAVE TO PLEAD GUILTY AND GIVE UP MY RIGHT TO TRIAL, IN ORDER TO
QUALIFY FOR A DOMESTIC VIOLENCE DEFERRAL?A: Absolutely not! The first sentence of the Michigan Domestic Violence Deferral
Law, specifically states that you are eligible for Deferral if you,
"plead guilty to, or are found guilty of" a
first offense . Bottom Line: MCL 769.4a does not expressly require a plea of
guilty, and you certainly do not lose eligibility, under the statute,
by exercising your right to Trial.

Q: CAN I GET A DOMESTIC VIOLENCE DEFERRAL IF THE VICTIM DOES NOT AGREE?A: There is no language in the Law that speaks specifically to the Victim
being in agreement with a Deferral. The Prosecutor must 'consult'
with the victim when 769.4a is being considered, but there is NOTHING
in the law stating they must agree for you to receive the Deferral. As
a practical matter, many times the Prosecutor will refuse to agree to
the Deferral if the victim is opposed to it. However, assuming you are
eligible by law, the case may require some extra work between attorneys
(*), but there is nothing in the law prohibiting the Prosecutor from overriding
the victim's opposition if he feels it is simply a reaction based
on feelings of hatred or other unreasonable influences. (*) It is not
uncommon for Prosecution to 'change their mind'
-when you have a good attorney!

Q: DO I AUTOMATICALLY AVOID JAIL TIME IF OFFERED MCL 769.4a?A: Not necessarily! Michigan Domestic Violence Deferral Statute specifically
allows for up to the maximum 93 days in jail, even if you are getting
the MCL 769.4a Deferral. Avoiding any possibility of jail at the time
of plea, requires a proper sentencing agreement, or "Cobbs"
evaluation.

Q: WHAT KIND OF SENTENCING WILL I GET UNDER THE DEFERRAL?A: For a more comprehensive understanding of Domestic Violence Deferral Sentencing
follow the link: Michigan Domestic Violence Sentencing. The Short Answer:
sentencing often includes a 12 month probation period, counseling and/or
anger management, alcohol and/or drug treatment (if they were involved
in the incident), and an order for either no contact, or no assaultive
contact with the victim. If you violate
any of the terms of your probation, the court will enter your judgment of
guilt and sentence you for the crime of Domestic Violence.
YOU ONLY GET MICHIGAN'S 769 PROTECTION ONCE... SO DON'T LOSE YOUR
CHANCE FOR A CLEAN (PUBLIC) RECORD! For a free consultation call
PRAIN LAW, PLLC. Our knowledge is extensive and concentrated in Michigan Criminal Law.
We know the Judges! We know the Courts! We know the System! Call us at
(248) 731-4543 and get your questions answered! Or
fill out the form and we'll be happy to respond, asap.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.